HR Doctor

Avoiding ADA Complaints in County Employment Practices

Dear HR Doctor,

My county is experiencing complaints alleging that we discriminate against the disabled in hiring. I am concerned as a county leader about a growing number of these complaints. What do you advise?

Sincerely,

County Colleague

Dear "Colleague,"

In 1992 the greatest expansion in a generation of America's landmark Civil Rights Act of 1964 took effect. The Americans With Disabilities Act (ADA) extended employment nondiscrimination to "qualified persons with disabilities" - tens of millions of new "protected group members."

The vagueness of some of the words and definitions in the ADA create many opportunities for plaintiffs' attorneys to attack personnel policies. They create many challenges for human resource professionals and for county elected and appointed officials as well.

In response to this challenge, most ADA implementation has been "defensive" - respond to complaints already filed, develop "reasonable accommodations" after a problem arises, etc. These are important components of a program to minimize legal liabilities.

However, the HR Doctor urges that another component be consciously built into county programs - a proactive program to "get in front" of liabilities.

For example:

• Prepare a clearly written statement making nondiscrimination based on disability a formal part of the county's high-priority policies.
• Advise all employees about this policy and about each individual's responsibility to help the county be a model employer by positive, job-related support for colleagues with disabilities.
• Involve employee unions by assertively negotiating the inclusion of the county policy into any union contracts and securing formal union endorsement, including understanding that strong disciplinary action will result from inappropriate conduct.
• Provide specific training and support for managers and supervisors to improve their understanding of ADA issues and the effects of their actions and their role as "agents" of the organization.
• Add specific sensitivity training where appropriate such as offering sign language courses, awareness of epilepsy, cerebral palsy, etc. to persons in public contact positions, including law enforcement officers.
• Survey facilities and equipment for possible accessibility improvements, such as telecommunications devices for the hearing impaired.
• Insure that HR staff is prepared to respond quickly, respectfully and knowledgeably to applicant and employee questions and challenges.
• Have expert resources available to support decision making. These may include outside consultants or attorneys, however, developing ADA knowledge within the organization is the HR Doctor's preferred approach.
• Collaborate with disabled advocacy groups. They have experience and expertise, which can be a valued asset to county policy-makers. Their constructive criticism can be very helpful as well.
• Take complaints seriously and have a well-announced available internal complaint investigation procedure which features protection from retaliation for making good-faith complaints.

The HR Doctor's advice is to think of ADA as a wonderful public policy, opening opportunities to millions. Take it from one whose parents were disabled, by focusing county thinking on "abilities" rather than "disabilities," the ADA becomes a positive part of HR policies, and the county government as well as disabled persons come out "winners."

Best wishes,

The HR Doctor

(If anyone is interested in obtaining additional information on the HR column or joining the National Association of County Human Resource Administrators, please contact Donna Boykin at 202/942-4207.)
(The HR Doctor was written by Phil Rosenberg, director of Human Resources, Broward County, Fla.)